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6975219 Easement, Drainage: Dishman Rd, EGR-2019-0071 09/30/2020 09:41:22 AM 6975219 Recording Fee $106.50 Page 1 of 4 Easement CITY OF SPOKANE VALLEY - CITY CLERK Spokane County Washington 111111II JIIIII1111II Il IIIIIILIIILIIII 11ll11II11 01IIII 111111iII11111LIIII IIII AFTER RECORDING RETURN TO: City of Spokane Valley City Clerk 10210 E. Sprague Avenue Spokane Valley,WA 99206 Document Title: Drainage Easement Grantor(s): Heinen Brothers INC. Grantee: Government, City of Spokane Valley Abbreviated Legal Description: 20-25-44 PTN OF W1/2 OF W1/2; BEG AT NW COR OF SIESTA MOBILE PARK ADD TH N19DEG 28MIN E3l 1.26FT TH N36DEG 30MINE35.5F T TH N36DEG 30MIN El 80.5FT TO WLY LN OF OWR&NCO R/WTH SELY ALG SD R/W TO INT WITH N LN OF SD PLAT TH W ALG SDN LN TO POB; EXC BEG NE COR OF NW1/4 OF SW1/4 TH SLY ALG ELN SD NW1/4 0 F SW1/4 330FT TH WLY PAR TO N LN NW1/4 OFSW1/4 174.64FT TO TRUE POB TH CONT WLY PARL TO N LN 245.88FTTH NLY AT R/A 100FT TH ELY AT R/A 205FT TH SELY PAR TO&SOFT WLY OF R/W OWRR 108.03FT TO POB Assessor's Tax Parcel Number(s): 45205.9025 CITY OF SPOKANE VALLEY Community and Public Works Department Spokane Valley,Washington DRAINAGE EASEMENT IN THE MAI hR OF Dishman Rd. (City of Spokane Valley Project No.EGR-2019-0071,hereinafter referred to as the"project") KNOW ALL MEN BY THESE PRESENTS,that the Grantor(s),Heinen Brothers INC. for and in consideration of mutual benefits,the receipt of which is hereby acknowledged,warrants and conveys to City of Spokane Valley, a municipal corporation of the State of Washington,an DRAINAGE EASEMENT over,upon, and across the following described real property, situated in the City of Spokane Valley, Spokane County, State of Washington,to-wit: Commencing at the center quarter corner of said section 20, thence South 89°53'12"West along the East- West centerline of said section 20, a distance of 1,814.97 feet,to an angle point on the West line of said Parcel 1; Thence along the West boundary of said Parcel 1,North 35°19'35"East, a distance of 90.01 feet,to a point 10.00 feet Southwest of the Southwesterly Right of Way of S.Dishman Road,when measured at right angles. Said point being the point of curvature of a non tangent curve to the left. Said curve having a Radius of 223.82,a delta angle of 1°00'28", and a chord which bears South 30°11'45"East 3.94 feet; Thence along said curve, following a 10.00 foot offset from said Southwest right of way of S.Dishman Road, a distance of 3.94 feet,to a point on said 10.00 foot offset from the Southwest right of way of S. Page 1 R.E.Excise Tax ExemptDa ZO �t kane'COUrdy Treas. By 0/- c- v Dishman Road, and the True Point of Beginning of this parcel. Said point being the Point of curvature of a continuing curve to the left. Said curve having a Radius of 223.82 feet, and a Delta angle of 3°26'20": Thence continuing along said 10.00 feet offset to the Southwest Right of Way, along said curve, a distance of 13.43 feet,to a point; Thence leaving said 10.00 foot offset to the Southwesterly right of way of S.Dishman road, South 43°41'17"West, a distance of 18.63 feet; Thence South 52°15'59"West, a distance of 11.28 feet; Thence North 50°54'12"West, a distance of 7.85 feet; Thence North 37°41'16"East, a distance of 33.82 feet,to the True Point of Beginning, and the terminus of this description. Said parcel contains 344.3 square feet,or 0.01 acres,more or less. The Drainage Easement as shown hereon is hereby granted to the City of Spokane Valley and its authorized agents,and to the public for drainage purposes,including but not limited to allowing stormwater drainage and/or runoff over and across the above-described real property, including but not limited to disposal into a drainage facility located within the same above-described real property. The Grantor(s)or their successors in interest hereby agree not to obstruct, artificially collect or discharge the flow across or adjacent to the above-described real property. The Grantor(s) or their successors in interest agree that the City of Spokane Valley has no responsibility for maintaining this Easement. The Grantor(s) or their successors in interest hereby agree to having complete and total responsibility for the construction of all related drainage facilities located within this Easement,per the accepted civil and drainage plans on file in the office of the Engineering Division,including but not limited to all drainage facilities necessary to convey, direct or route the stormwater and/or runoff to said drainage facility or facilities. The Grantor(s)or their successors in interest hereby agree to having complete and total responsibility for the perpetual maintenance of the facilities located within this Easement. In addition,the Grantor(s) or their successors in interest agree to and, shall maintain the drainage area with permanent live ground cover,which may include shrubbery and/or trees, so long as they do not obstruct the flow and percolation of stormwater drainage and/or runoff. If the Grantor(s) or their successors in interest fail to maintain said facilities,a notice of such failure may be given to the Grantor(s)or their successors in interest. If not corrected within the period indicated on said notice,the City of Spokane Valley has the right to correct the maintenance failure, or have it corrected, at the expense of the Grantor(s)or their successors in interest. Such expenses, if not paid within 60 days of notification,may be filed with the County Auditor as a lien against the real property. The City of Spokane Valley, as a part of the consideration hereof,does hereby agree as a covenant running with the land that in the event facilities are constructed,maintained, or otherwise operated on the property described in this Drainage Easement for a purpose for which a U.S.Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits,the City of Spokane Valley will maintain and operate such facilities and services in compliance with all requirements imposed by all current laws,rules and regulations such that no person on the grounds of race, color, or national origin,will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. The Grantor(s) or their successors in interest hereby release the City of Spokane Valley, and all of its officers,employees and agents from any responsibility or liability for any damage whatsoever, including but not limited to inverse condemnation by or to any and all persons or property arising out of or in any way incident to or attributable to the stormwater drainage and/or runoff within this Easement. Page 2 This Easement and the agreements and duties provided for herein shall run with the land and shall be binding on,and shall inure to the benefit of the parties referenced herein,their heirs, successors and assigns. No modification of the boundaries of this Easement can be made without prior approval of the City of Spokane Valley. IN WITNESS I REOF, the undersigned has caused this instrument to be executed on this day of ? /7 , 20 7--c). Grantor(s):r(� Heinen Brothers INC. Grantee: Government, Cit of S okane Valley ___By: __��.� i'_____ By: Title: a GPI/1eg, Title: / 7/t/ //,-/677 STATE OF WASHINGTON ) )ss CITY OF SPOKANE VALLEY ) I certify that I know or have satisfactory evidence that gre.+i /4(-'u{ , Grantor, is/are the individual(s)who appeared before me,and who acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated this l ? date of cep. , 20 . N Y PUBL In and for the State of Washington, N 30 NNS it 4l 5p-' —' Residing at Fr,; / My appointment expires: /©//972_/ e+AR y �A��i ` Nf. ' Z � Page 3 R=223.82 DELTA=001°00'28" L=3.94 CHORD=S30° 11'45"E 3.94 R=223.82 DELTA=003°26'20�' L=13.43 / CHORD=S32° 25'09 / / 13.43 POINT OF BEGINNING // \ev 4' .: /4) v^43/0* \ ,P% /1„§), "�' v 1_S52' 15' 59"W \\ .. 11.28' \ BORDER EASEMENT (PROPOSED) N\ N50' 54' 12"W \ SOUTHWEST 1/4 7 85' \N N OF THE N ' NORTHWEST 1/4 _ — — 1814.97'_ — — lb20 S89'53r2"W NORTHWEST 1/4 EAST—WEST 3 OF THE CENTER OF SECTION SOUTHWEST 1/4 N PARCEL 1 OF BOOK 134 OF SURVEYS PAGE 21 RECORDS OF SPOKANE COUNTY, WASHINGTON W E S PROD #: 19-2355NORTHERN DRAINAGE 4WC DATE: 04/14/20 4/20 EASEMENT EXHIBIT DRAWN: EJW APPROVED: DAC BASIN S ❑ D SCALE: NTS WHIPPLE CONSULTING ENGINEERS 8 1 2 S. D I S H M A N RD 21 S.PINES ROAD SPOKANE VALLEY, WA SPOKANE VALLEY,WA 99206 PH:509-893-2617 FAX:509-926-0227